Prosecution of Infringers. Should any Third Party infringe, or reasonably appear to be infringing the Trademark, USL may pursue Third Party, including (if necessary) bringing and directing in its own name, any legal or other action concerning the Trademark, including any settlement negotiation or proceeding with respect to such acts or infringements, at its own expense. Orion agrees, at USL’s expense, to render such reasonable assistance as may be requested by USL with respect to such actions and to consult with USL prior to any action being taken by Orion in that regard. Orion may be represented by counsel of its own selection at its own expense in any suit or proceeding brought to restrain or otherwise deal with such infringement by any Third Party, but may not independently initiate any such legal or other action without USL’s prior written consent. In the event that USL institutes any action against an infringer of any Trademark pursuant to this Section 12.4, it shall promptly notify Orion and keep Orion reasonably informed as to the developments of such suit.
Prosecution of Infringers. (a) Upon giving or receiving notice of any alleged Third Party infringer, USL shall promptly, but in any event within the Applicable Period, advise Orion if it intends to initiate action with respect to the alleged infringer. If USL advises Orion that it does not desire to initiate such action, Orion may, but has no obligation to, do so. The “Applicable Period” shall, in the context of a Paragraph IV Certification by a Third Party, mean (a) a period of twenty-one (21) days after USL receives notice of the Third Party Paragraph IV certification, and (b) shall otherwise mean a period of thirty (30) days after giving or receiving notice under Section 14.1 of this Agreement of the alleged Third Party infringement.
(b) The party initiating the action will bear its expense, and the other party will cooperate, at the expense (with respect to out-of-pocket expenses only) of the party initiating the action.
Prosecution of Infringers. If LLC determines that a third party is infringing a claim of a patent in the BCI Technology Patents by making, using or selling a product which competes with a Licensed Product then being sold by LLC, it shall notify Affymetrix thereof in writing. Such notice shall include information in LLC's possession relevant to such third party and the competing product. Affymetrix shall have ninety (90) days in which to either obtain the consent of such third party to discontinue such infringement or to exercise its right to bring an action to cause such infringement to cease. Affymetrix shall have no obligation to bring an action for infringement; provided however, if Affymetrix does not obtain the consent of such third party to cease infringement or does not bring suit against the third party under the patent, then LLC shall have the right to discontinue paying royalties under the effected patent for such product until either the third party discontinues its infringing activity or Affymetrix brings a lawsuit against the third party for such infringement.
Prosecution of Infringers. ABT and ABT/UK shall give each other written notice of any acts of infringement by third parties involving intellectual property rights relating to the Localized
Prosecution of Infringers. Should any Third Party infringe, or reasonably appear to be infringing, any Novacea Background Patents which adversely affect or could reasonably be expected to adversely affect the Development, Manufacture, use or Commercialization of Compound, Formulation or Licensed Product in the Field in the Territory, the Party learning of such infringement or potential infringement shall promptly notify the other upon learning of the same. Any such notice shall clearly identify the relevant Third Party and shall include sufficient information (to the extent available) to reasonably enable the other Party to evaluate such infringement or potential infringement.
(a) Schering shall have the primary right, but not the obligation, to bring and direct any legal or other action, including any settlement negotiation or proceeding, with respect to any infringement or potential infringement in the Territory of the Novacea Background [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. Patents solely owned by Novacea and except to the extent such action would conflict with the Upstream License Agreements or Aventis Agreements with respect to Novacea Background Patents covered by such Agreements. Schering shall have the right to join Novacea (or the University of Pittsburgh or OHSU with respect to Novacea Background Patents covered by the Upstream License Agreements or Aventis with respect to Novacea Background Patents covered by the Aventis Agreements) as a party plaintiff in any such action or to bring any such action in Novacea’s name if required by applicable law. Schering shall also have the sole right, but not the obligation, to bring and direct any legal or other action, including any settlement negotiation or proceeding, with respect to any infringement or potential infringement in the Territory of the Schering Background Patents or Program Patents.
(b) As regards each discovered infringer of Novacea Background Patents, if Schering does not bring suit against said infringer pursuant to this Section 12.5, or has not commenced negotiations with said infringer for discontinuance of said infringement, as herein provided, within [*] days after receipt of notice of such infringement pursuant to this Section 12...
Prosecution of Infringers. Subject to subsection (c), below, each Party shall have the sole right, in its absolute discretion, to pursue actions against infringers of its Patent Rights, or not to pursue such actions, or to abandon or settle any such action (except to the extent that any settlement would involve the grant of a license inconsistent with a grant of rights pursuant to this Agreement). Should a Party (the “Owning Party”) pursue such an action in the Field of the other Party (the “Licensed Party”), the Licensed Party will co-operate and allow the Owning Party to use its name in any such suit, to sxx in its name or join it as a party to such suit if legally required provided that the Owning Party will indemnify and hold harmless the Licensed Party from any costs, damage or expenses incurred by the latter in respect of any such acts or co-operation. If the Owning Party recovers damages, by settlement or judgment or otherwise, then the amount recovered shall be divided as follows: (i) the reasonable and documented litigation expenses of the Owning Party shall be reimbursed, and (ii) the remainder shall be ***.
Prosecution of Infringers. Each party will promptly notify the other in writing if it becomes aware of any possible infringement of the patent or other proprietary rights of the other party related to this Agreement. Each party will be responsible for the prosecution or other action taken with respect to possible infringement of its patents or other rights.
Prosecution of Infringers. ABT and ABT/Nordic shall give each other written notice of any acts of alleged infringement by third parties involving intellectual property rights relating to the Software, Business Procedures, or ABT Brand anywhere in the Territory of which ABT or ABT/Nordic has knowledge, and the parties shall consult together with a view to determine the course of action, if any, to be taken in such circumstances. ABT will have the right to take action to enforce such rights. If the parties are unable to agree on any such course of action to be taken, ABT/Nordic may take such
Prosecution of Infringers. ABT and ABT/E shall give each other written notice of any acts of infringement by third parties involving intellectual property rights relating to the Software, Documentation, Business Procedures, or any Localized Version or other Derivative Work thereof, or the ABT Brand, anywhere in the Territory of which ABT or ABT/E has knowledge. ABT will have the exclusive right to take action to enforce such rights. If ABT decides not to enforce such rights, ABT shall inform ABT/E of such decision within thirty (30) days of receiving notification of such infringement from ABT/E. ABT may then authorize ABT/E to take such actions as ABT/E considers necessary or appropriate and ABT/E will be entitled to take such actions at ABT/E's expense. Each party shall render to the other any assistance requested by the other in proceedings against an infringer within the Territory, at the other party's expense. Any damage that might be awarded will, after deduction of actual costs, be awarded to the party that undertakes legal action.
Prosecution of Infringers. Licensee agrees to cooperate with Licensor in the prosecution or defense of any proceeding concerning the Licensed Trade name or the Licensed Marks and Licensor, at the request and expense of Licensee, agrees to prosecute all substantial claims of infringement and to oppose all attempted registrations of potentially confusingly similar trademarks, trade names or service marks used in the field of the Licensed Business.
